Legal Opinion

Carlin v. Frey

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1913PublishedCited by 6 opinions

Appeal by the plaintiff, Jannette Carlin, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 13th day of December, 1912, upon the decision of the court, rendered after a trial at the Broome Special Term, in an action to foreclose a mortgage.

1Opinion of the Court

Howard, J.:

The defendant Orton owned certain vacant lots in Binghamton. On April 8, 1910, he entered into a written contract with the defendant Frey, whereby Orton agreed to sell nine lots to Frey at certain fixed prices (the prices being different on the different lots); to take back a purchase-money mortgage on each lot; to permit Frey to give a mortgage on each lot for $2,500 to the defendant Lestershire Lumber and Box Company, Orton’s mortgage to be second to the lumber company mortgage. Frey agreed to purchase the lots on these conditions; to erect a double dwelling house worth at least…

2Cited by6 opinions

  1. In Re Gerald Namenson, BankruptCourt of Appeals for the First Circuit · 1977
  2. King v. Milford National BankNew York Supreme Court · 1938
  3. Meltzer v. BlumbergNew York Supreme Court · 1928
  4. Realty Advertising & Supply Co. v. HicksonAppellate Division of the Supreme Court of the State of New York · 1918
  5. Walton v. GENERAL AMERICAN LIFE INSURANCE COMPANYCourt of Appeals of Texas · 1964

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